Facing Criminal Weapon Charges in Utah Despite Its Lax Laws

 Posted on December 23, 2024 in Criminal Defense

Utah is considered one of the most permissive states in the country as far as its gun laws are concerned. However, that does not mean there are no rules. Understanding state laws is critical when you face gun-related charges. To learn more, speak with a qualified Salt Lake City, UT criminal defense lawyer who can explain how gun laws can influence criminal charges and can build a strong defense to protect your rights.

Concealed Carry Laws in Utah

Most states in the United States can be categorized as "shall-issue" or "may-issue" states. In a "may-issue" state, local authorities can deny a concealed carry gun permit at their discretion, even if the applicant meets all the requirements. Currently, only two states are considered may-issue states. 

On the other hand, in a shall-issue state, which is the vast majority of America, law enforcement is required to issue a concealed carry permit to any applicant who meets the legal requirements. Utah is a "shall-issue" state, so most adults in the state can reasonably expect to obtain a concealed carry permit. However, Utah has allowed permitless carry since 2021 for anyone who is at least 21 years old. This means that anyone who is legally allowed to own a gun can carry a concealed firearm without a permit. 

How Does Utah Restrict Gun Ownership and Carrying?

Despite the freedom that gun owners are offered in Utah, there are still restrictions regarding ownership and carrying, as follows. 

Individuals Prohibited from Owning Firearms

Certain categories of people are prohibited from owning firearms in Utah:

• Felons

• People with certain mental health conditions

• People with domestic violence convictions or active protective orders

If any of the above are found in possession of a weapon, they can face serious criminal charges.

Locations Where Carrying a Weapon Is Prohibited

Although it is legal to carry a concealed weapon in Utah even for people who do not have a concealed carry permit, as long as they are legally allowed to own a gun, there are certain locations where carrying any firearms is prohibited. These include:

• Houses of worship

• Secure areas in airports

• Courthouses

• Federal buildings

What Are Common Gun-Related Charges in Utah?

With Utah’s relatively relaxed carry laws, people might mistakenly think they cannot get into any legal trouble with a gun. The truth is there are some weapons charges people are commonly convicted of in the state. These include:

• Illegal possession of a firearm: This applies to people who are prohibited from owning guns or those who are legally allowed but are found carrying a gun in a restricted area.

• Brandishing a weapon: Displaying a firearm in a threatening manner can lead to misdemeanor or felony charges.

• Using a firearm in the commission of a crime: Whenever a firearm is involved in a crime, it is typically considered an aggravating circumstance that can lead to harsher penalties.

• Carrying a firearm while intoxicated: In Utah, it is illegal to carry a firearm while under the influence of drugs or alcohol.

Any of these charges can result in fines, jail time, and a permanent criminal record.

Schedule a Free Consultation with a Davis County, UT Criminal Defense Lawyer

If you are facing gun-related charges, speak with a qualified Salt Lake City, UT criminal defense attorney as soon as possible. At Collins Rupp, P.C., we examine the details of each case to decide which defense strategy is the best match. We understand the long-lasting consequences that weapons charges can have for your future, and we are dedicated to protecting your rights. Call us at 385-777-2753 to schedule a free consultation.